STATE v. SCANLON

No. 1782.

104 Ariz. 187 (1969)

450 P.2d 377

The STATE of Arizona, Appellee, v. Michael Patrick SCANLON, Appellant.

Supreme Court of Arizona. In Banc.

Rehearing Denied March 4, 1969.


Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., Darrell F. Smith, Former Atty. Gen., Norval C. Jesperson, Former Asst. Atty. Gen., for appellee.

Giles & Moore, by Charles M. Giles, Tucson, for appellant.


UDALL, Chief Justice:

Michael Patrick Scanlon was found guilty of attempted rape, and was sentenced to 14 to 15 years in prison. From the verdict and sentence he has appealed.

His wife, Leonore, at the time of her marriage to him, had three children — Victor (15), Rosa (10), and Eva (8). She and defendant became the parents of two more children — Patricia (5), and Kathleen (2).

Rosa testified that one morning her stepfather was drinking...

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